Belschaft for Associate Justice

[Belschaft]

I'm going to try and keep this relatively brief.


Greetings everyone. I'm Belschaft, and I am running for Associate Justice. Whilst I lack previous judicial experience, I am somewhat familiar with TNP's legal system having represented both Mall and Eluvtar as legal counsel since joining the region earlier this year. Whilst the allegations against Eluvatar never made it to court, as successive Attorney Generals choose not to bring charges - something both my client and myself regretted, as it prevented him the opportunity to clear his name by proving the charges against him baseless - I was successful in having all charges against Mall dismissed, and utterly exonerated my client. Whilst representing my clients I demonstrated my understanding of both the law of the regions and the works of the courts, and as such feel that I posses the knowledge needed to serve as an Associate Justice.

Whilst I lack a firm judicial theory, unlike some of my opponents, I am in general opposed to judicial activism. Due to the nature of nationstates and our region changing the law is a relatively quick and simple matter, and as such it is not the place of the court to actively seek to 'improve' the region. Where there is an issue with the law as written I will seek to identify it, but leave the resolution of it up to the RA, where it belongs.

If elected I will seek to be an impartial and effective justice, judging all matters brought before the court upon their merits. That is not, however, to say that I will be tolerant of individuals attempting to make use of the court for political means, or who submit fatuous complaints or requests. I will brook no contempt of court, and will not stand for its time being wasted.

One area of potential reform that I believe may useful, to make the court easier to approach, is the current court rules, especially on evidence and trial procedure. These could be simplified vastly, so as to, whilst maintaining strict standards, make both the prosecutions and defences lives easier. Redrafting these will be something I will seek to do if elected, working in conjunction with my fellow justices.

If you have any questions, please ask away.

 

[Belschaft]

Due to comments relating to the lack of Latin in my manifesto, I would just like to state the following;

Salus populi suprema lex esto verum debet descripta non infertur ex iudices.


I believe that makes sense, but if not, I apologize. It's been a long time since I learnt latin and I don't have any of my books with me to check.

 

[punk d]

This is a question I have for all justices - do you commit to fulfilling your term no matter what in-game situations arise?

RL is always a different matter, but from an in-game perspective will you fulfill your obligations should you be elected?

Second question, You mentioned that you do not have a "judicial theory" but that you are not fond of judicial activism. So, do you believe the law should be interpreted literally or that you should use the spirit of the law (aka the author's intent) to make decisions? Please explain.

 

[Haor Chall]

What is your view of the Figh?

 

[mcmasterdonia]

Belschaft has my support. I've admired your ability as a lawyer in TNP, and think you will be an excellent addition to the court.

 

[Belschaft]

This is a question I have for all justices - do you commit to fulfilling your term no matter what in-game situations arise?

RL is always a different matter, but from an in-game perspective will you fulfill your obligations should you be elected?

I see no likely in game event that would prevent me from serving a full term as an associate justice. I cannot say so with 100% certainty - I cannot predict the future - but I cannot think of any circumstances that would require me to stand down.

Second question, You mentioned that you do not have a "judicial theory" but that you are not fond of judicial activism. So, do you believe the law should be interpreted literally or that you should use the spirit of the law (aka the author's intent) to make decisions? Please explain.

Whilst determining authors intent is somewhat easier in NS than in real life - we can, after all, usually ask them what they intended - I am reluctant to make use of it except in very specific circumstances. To start with, when the assembly voted to adopt a law they did so based upon the law as written and not as conceived by the drafters. If the law as written did not fully match the intent of the drafters that is their fault. In real life my opinion may be different, but in NS, due to the shorter time it takes to amend the law, I think that it would be best to interpret the law as written and let the assembly correct it if they so wish. Furthermore, individuals, when deciding on their actions, will be doing so according to what the law says, not what it was intended to say. To hold people accountable not to what the law says, but what it was 'intended' to say seems to me a gross injustice. I would not however hold to this position in all circumstances; if the law as written produces an oddity of considerable magnitude I would be willing to interpret it according to intent, but only if enforcing it as written would cause serious harm to the region.

More specifically in terms of judicial activism, at no point will I interpret law so as to 'better' the region. I may disagree with the law, but when elected as justice and acting as such it is my duty to uphold it.

 

[Belschaft]

What is your view of the Figh?

I see no harm in individuals seeking mediation from a non-official court of arbitration if they so wish. For obvious reasons however it is limited to civil, not criminal proceedings.

 

[Iro]

What separates you from the flock?

 

[Belschaft]

What separates you from the flock?

I don't think you can identify any one thing that in of itself makes be a superior candidate than all others; we all have different strengths and weaknesses.

If I had to identify something however I would say that of the various candidates I have one of the best understanding of legal theory and practice, and am a more moderate candidate, less likely to politicize the court.

 

[Great Bights Mum]

I am as yet undecided on who to select for the AJ positions. I will say, I won't vote for any candidate who can't be bothered to post a campaign thread.

I do like your platform, and I would like to know if you have other legal experience in regions aside from TNP.

 

[Belschaft]

I am as yet undecided on who to select for the AJ positions. I will say, I won't vote for any candidate who can't be bothered to post a campaign thread.

I do like your platform, and I would like to know if you have other legal experience in regions aside from TNP.

I have some legal experience elsewhere, mainly in TSP where I've regularly submitted requests for judicial review and acted as an amicus curae during the trial of Haxstree. I lack a great deal of legal experience however as the regions and organisations I've been primarily involved in other that TNP - Eastern Islands of Dharma, The South Pacific, International Democratic Union, FRA and UDL - do not have especially active courts, if they have courts at all.

A link to my post as an amicus curae in the Haxstree trial; http://forums.thesouthpacific.org/single/?p=8054256&t=7963901

Ultimately, it's an issue of catch-22; to gain judicial experience you must first be elected to a judicial role whilst lacking it. Hopefully people will judge me on my record elsewhere and performance as counsel for Mall and Eluvatar, and be willing to look past the lack of previous judicial experience.